You’ve found the one. The open home went well, the agent says there is plenty of interest, and you’re ready to make an offer before someone else does. It’s exactly at this point that many buyers ask: do I need a conveyancer before making an offer in NSW, or can that wait until the offer is accepted?
The short answer is that you are not legally required to have one before you offer, but bringing a conveyancer or property lawyer in early is one of the simplest ways to avoid an expensive surprise. Here’s why.
Why the Pre-Offer Stage Matters
In NSW, a seller must have a contract for sale prepared before a residential property is marketed. That contract is available to you before you offer, and it contains the documents that tell you what you are actually buying: the title, zoning information, drainage diagrams and any easements, covenants or special conditions.
Once contracts are exchanged, your ability to walk away or renegotiate becomes limited. Reviewing the contract before you commit means you can raise concerns while you still have room to move.
Do I Need a Conveyancer Before Making an Offer in NSW?
It depends on how you are buying.
Buying by private treaty
For most residential private treaty sales, buyers have a five business day cooling-off period after exchange. If you pull out during that time, you generally forfeit 0.25% of the purchase price. That safety net is useful, but it is not a reason to skip a review. The cooling-off period can be waived or shortened if the seller asks for a certificate to be signed, which often happens in competitive markets.
Buying at auction
There is no cooling-off period at auction. If your bid wins, you exchange on the day and are bound by the contract. That makes the pre-auction review essential: anything you have not checked beforehand, you are accepting as it is.
Buying off the plan
Off-the-plan contracts have their own rules and often contain detailed special conditions about completion dates, changes to the plan and sunset clauses. A review before you sign is strongly recommended.
What a Conveyancer Checks Before You Offer
A pre-offer contract review usually covers:
- Title and ownership: that the seller is entitled to sell and what is registered on the title.
- Easements and covenants: rights of way, drainage easements or restrictions on what you can build.
- Zoning certificate: how the land is zoned and whether there are planning issues such as heritage, flood or bushfire affectation.
- Special conditions: clauses added by the seller that may shift risk to you, such as limits on your rights or penalties for late settlement.
- Inclusions and exclusions: what stays with the property and what goes.
- Strata records: for units and townhouses, whether a strata report is advisable and what to look for.
- Deposit terms: how much is payable and when.
If something concerns you, your conveyancer or lawyer can raise it with the agent or the seller’s representative, and in some cases negotiate changes before you exchange.
Your Pre-Offer Checklist
- Finance pre-approval in place, and you understand any conditions of it
- Contract for sale obtained from the agent
- Contract reviewed by a conveyancer or property lawyer
- Building and pest inspection arranged (and strata report if relevant)
- Stamp duty and other purchase costs estimated, including any first home buyer concessions you may be eligible for
- Deposit funds ready, or a deposit bond arranged
- Decision made about whether you need a cooling-off period, especially before agreeing to waive it
Common Mistakes First Home Buyers Make
Most problems we see come from moving too quickly. Buyers sign a cooling-off waiver to secure a property, then discover an issue in the contract they can no longer do much about. Others bid at auction without checking the special conditions, or assume finance is guaranteed because they have pre-approval, which is not the same as formal approval.
None of these mistakes is unusual. They are easily avoided with a short review before you commit.
What Happens After Your Offer Is Accepted
Once your offer is accepted, contracts are exchanged and the formal conveyancing process begins: searches, finance, adjustments and settlement. That stage is covered on our buying and selling property page. The point of this article is simple: the most useful time to speak to us is before that process starts.
Frequently Asked Questions
Can I make a verbal offer before speaking to a conveyancer?
Yes. A verbal or written offer to an agent is generally not binding until contracts are exchanged. Still, it is wise to have the contract reviewed before you exchange, and before you sign anything that waives your cooling-off rights.
How long does a contract review take?
It depends on the property and the contract. A straightforward residential contract can often be reviewed quickly, so let us know if you are working to an auction date or a deadline from the agent.
Is a solicitor different from a conveyancer?
Both can handle residential conveyancing in NSW. A solicitor can also advise on broader legal issues that sometimes arise, such as disputes, complex titles, trusts or family arrangements around the purchase.
Talk to Our Team
MCB Lawyers has helped buyers across the Northern Beaches since 1945. If you are getting ready to make an offer or bid at auction, our conveyancing and property law team can review the contract with you first. Contact us to get started.
This article is general information only and is not legal advice. Please speak with a solicitor about your circumstances.